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the property, judgment shall be given in favor of the claimant for costs. When the claimant recovers a portion of the property only, the costs shall be apportioned. When the plaintiff prevails, the costs may be taxed against the person who was plaintiff in the execution or attachment, or the court may in its discretion, if it be of the opinion that the officer levied upon said property without the exercise of due caution, adjudge him to pay the costs, or any portion thereof.
PROCEEDINGS SUPPLEMENTARY TO EXECUTION. Sec. 215. When an execution against the property of the judgment debtor, or any one of several debtors, in some judgment issued to the sheriff of the county where he resides, or if he does not reside in this Territory, to the sheriff of the county where the judgment is rendered, is returned unsatisfied, in whole or in part, the judgment creditor, at any time after such return is made, shall be entitled to an order from a judge of the court requiring such judgment debtor to appear and answer concerning his property before such judge, or a referee appointed by him, at a time and place specified in the order; but no judgment debtor shall be required to attend before a judge or referee out of the county in which he resides when proceedings are taken under the provisions of this act.
SEC 216. After the issuing of an execution against property, and upon proof upon affidavit of a party or otherwise, to the satisfaction of the court, or of a judge thereof, that any judgment debtor has property which he unjustly refuses to apply towards the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place before such judge, or referee appointed by him, to answer concerning the same, and such proceeding may thereupon be had for the application of the property of the judgment debtor toward the satisfaction of the judgment as is provided upon the return of an exe·cution. The court may enforce its orders by imprisonment if the judgment debtor fail or refuse to obey the same.
SEC. 217. After the issuing of an execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid.
Sec. 218. After the issuing and return of an execution against the property of a judgment debtor, or of any one of several judgment debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him in an amount exceeding fifty dollars, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place before him, or a referee appointed by him, and answer concerning the same.
Sec. 219. Witnesses may be required to appear and testify before the judge or referee upon any proceedings under this act in the same manner as upon a trial of an issue
Sec. 220. The judge may order any property of the judgment debtor not exempt from execution, in the hands of such debtor, or any other person, or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services at any time within thirty days next preceding the order shall not be so applied, when it shall be made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the support of a family supported in whole or in part by his labor.
SEC. 221. If it appear that a person or corporation alleged to have property of the judgment debtor, or indebted to him, claims an interest in the property adverse to him, or denies the debt, the court or judge may authorize, by an order to that effect, the judgment creditor to institute suit against such person or corporation for the recovery of such interests or debt; and the court or judge may by an order forbid the transfer or other disposition of such in-terest or debt until an action can be commenced and prosecuted to judgment. Such order may be modified or vacated by the judge granting the game, or the court in which the action is brought, at any time upon such terms as may be just. Sec. 222. IC
any person, party, or witness disobey an order of the referee, properly made in the proceedings before him under this chapter, he may be punished by the court or judge ordering the reference for a contempt.
FORECLOSURE OF MORTGAGES.
Sec. 223. There shall be but one action for the recovery of debt or the enforcement of any right secured by mortgage or lien upon real estate or personal property, which shall be for the enforcement of such lien or mortgage in accordance with the provisions of this chapter. In such action, the court shall have power to foreclose the defendant's equity of redemption in the mortgaged property, and direct a sale thereof for the purpose of satisfying the amount due the plaintiff and the costs and expenses of foreclosure and sale.
Sec. 224. If the debt for which the mortgage, or lien, or incumbrance, is held be not all due, the court or jury trying the cause shall find the amount due, and the time and amount of such other sums as may become due; and if it shall appear to the court or jury that the mortgaged property can be sold in parcels without injury to the same, the same shall be so sold, and the plaintiff may have execution on bis several establishments, as they severally become due ; but if such property cannot be sold in parcels without injury to the same, then the court may.direct that all such property be sold and the proceeds to be applied, first to the satisfaction of the amount due and costs, and then to the amount next to become due, and so on, until the whole amount due or to become due to the plaintiff is paid, deducting legal interest from the same from the time the same is paid until the time the same would have become due.
Sec. 225. If there be a surplus remaining after the satisfaction of the mortgage debt and costs, it shall be paid to the person entitled to the same, or it may be deposited in court.
Sec. 226. All sales of mortgaged property shall be conducted in the same manner and subject to the same rules as to notice and the execution of conveyances, and in all other respects as sales under execution.
Sec. 227. If the mortgaged property shall not sell for a sum sufficient to satisfy the amount due the plaintiff and costs, the plaintiff may have execution for the balance in the same manner as executions are issued in other cases. Judgments rendered in foreclosures of mortgages shall be a lien upon the real estate of the judgment debtor the same as judgment in other cases.
ACTIONS FOR NUISANCE, WASTE, AND WILFUL TRESPASS, IN
CERTAIN CASES, ON REAL PROPERTY. Sec. 228. Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, or the obstruction of any bighway, or the closing of the chanuel of any stream used for boating or rafting logs, lumber or timber, so as to interfere with the comfortable enjoyment of life and property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
SEC. 229. If a guardian, tenant for life or years, joint tenant or tenant in common, of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
Sec. 230. Any person who shall cut down or carry off any wood or underwood, tree or timber, or girdle or otherwise injure any tree or timber on the land of another person, or on the street or highway in front of any person's house, village, or city lot or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or highway in front thereof, without lawful authority, shall be liable to the owner of such land, or to such city or town, for treble the amount of damages which may be assessed therefor, in a civil action in any court having jurisdiction.
Sec. 231. Nothing in the last section shall authorize the recovery of more than the just value of the timber taken from uncultivated wood land for the repair of a public highway or bridge upon the land or adjoining it.
Sec. 232. If a person recover damages for a forcible or unlawful entry in or upon or detention of any building or any cultivated real property, judgment may be entered for three times the amount at which the actual damages are assessed.
ACTIONS IN RELATION TO REAL Estate. Sec. 233. An action may be brought by any person in possession, by himself or his tenant of real property, against any person who claims an estate or interest therein adverse to him, for the purpose of determining such adverse claim, estate or interest.
SEC. 234. If the defendant in such action disclaim in his answer any interest or estate in the property, or suffer judgment to be taken against him without answer, the plaintiff shall not recover costs.
SEC. 235. In an action for the recovery of real property, where the plaintiff shows a right to recovery at the time the action was comcienced, but it appears that his right has terminated during the pleading of the action, the verdict and judgment may be according to the fact, and the plaintiff may recover damages for withholding the property
SEC. 236. When damages are claimed for with bolding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims holding under color of title adversely to the claims of the plaintiff, in good faith, the value of such improvements shall be allowed as a set-off against such damages.
SEC. 237. The court in which an action is pending for the recovery of real property, or a judge thereof, may, on motion, upon notice to either party, for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof for purpose of the action.
Sec. 238. The order shall describe the property, and a copy thereof shall be served on the owner or occupant, and thereupon such party may enter upon the property with necessary surveyors and assistants and make such survey and measurement, but if any